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Issues involved: Reopening of assessment u/s 147 of the Income Tax Act, 1961 and computation of deduction u/s 80-IB.
Reopening of assessment u/s 147: The appeal was filed against the order of CIT (A)17, Mumbai dated 27.1.2011 for the assessment year 2005-2006. The assessee challenged the reopening of the assessment u/s 147 of the Income Tax Act, 1961. The Assessing Officer excluded the unabsorbed depreciation of Rs. 27,37,487/- while computing the allowable deduction based on a Supreme Court judgment. The assessee relied on a High Court judgment which stated that unabsorbed depreciation cannot be reduced before computing the deduction u/s 80-IB. The CIT (A) dismissed the legal ground relating to reopening and confirmed the AO's view on the set-off of unabsorbed depreciation. The CIT (A) followed the Supreme Court judgment in the case of CIT vs. Kotagiri Industries Co. of Tea Factory Ltd. Aggrieved, the assessee appealed. Computation of deduction u/s 80-IB: Regarding the computation of the allowable deduction u/s 80-IB vis-a-vis the unabsorbed depreciation of Rs. 27,37,487/-, the assessee argued that the profits of the eligible unit should be computed on a standalone basis without reducing the unabsorbed depreciation. The assessee cited a Tribunal order and a High Court judgment to support this argument. The Tribunal found that losses from other eligible units cannot be set off against the profits of the eligible unit for calculating the deduction under section 80-IB. The Tribunal held that the eligible business's profits should not be reduced by setting off losses or unabsorbed depreciation. The issue required adjudication by the CIT (A) based on the Tribunal's decision. The appeal was partly allowed. Separate Judgment: No separate judgment was delivered by the judges.
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